are liking it. again, thank you for joining us tonight. ms. megyn kelly up next. i am bill o'reilly. and please always remember that the spin stops right here. because we are definitely looking out for you. good evening, i'm megyn kelly, and this is the kelly file. breaking tonight, the white house seems to be in panic mode. they are firing out about the president's explicitly clear health care law which did not turn out to be true. promise, if you like your plan, if you like your doctor you can keep them. we heard it over and over and over again. fact, over ten, perhaps as many as 15, perhaps more million people will lose their plans. and perhaps their doctors. and this administration knew it

at the very time the president promised us otherwise. tonight, we investigate how the president's signature legislative achievement has come to shock and distress millions of americans tonight instead of helping them. we'll show you exactly why millions of americans are being kicked off of their insurance plans at this moment. and what happens if they cannot get insurance before their current plans expire. are these people going to be left uncovered? wouldn't that be ironic? we'll investigate why the administration is now putting all the blame on the insurance companies, should it have foreseen that they would act in this manner? did they lay the groundwork that would essentially force them to act in this manner? and why are they downplaying the numbers being kicked off? only 5%, only 5%, plus, the medicaid numbers are exploding. that is why the number of people are signing up right now, on the

medicaid numbers, while the number of people supposed to kick in on this thing, very low. they wouldn't tell us. what does it mean for the taxpayers? who will wind up picking up the slack? you? first, we brought you this. fox news confirmed that the administration knew, they knew back in 2010 that millions of americans would lose their health care plans even though the president had repeatedly promised the opposite was true. you may remember he didn't just say that repeatedly when they were debating the health care bill. he went there after it became law as recently as 2012. >> let me tell you exactly what obama care did. number one, if you have health insurance it doesn't mean a government takeover. you keep your own insurance, you keep your own doctor. >> you don't, if you're on the individual insurance market. and that is about -- well, 15 million people, potentially, many of them will not keep it.

ed henry is our white house chief correspondent, what a day at the white house. >> that is right, second straight day, jay carney was pressed on whether or not the president misled the country, they pressed on this, they know they're under siege, they say anybody one, this is only 5% in terms of the people who buy their insurance and are getting cancellation letters. but as you know, 5% equals about 14 million people potentially that could get these letters, that is a huge chunk of the market, even though it is just 5%. secondly, they said what the president meant was, not what he said, was you could keep your own plan, if you had your own plan before march of 2010, signed into law, you wouldn't be affected. and after that, you're essentially on your own. the problem is, they're adding all of these contexts and qualifiers, the thing the president did not mention. here is jay carney. >> do the president's words

matter? >> well, all i ask of fox and everybody else is to provide the context? >> he didn't provide the context back then. >> there has been essentially five years of debate. >> last year, valerie jared sent out a tweet and said in her words nothing in obama care forces these people off their plan. the liberal columnist today in "new york magazine," said that is simply not true. that is the law implemented that is forcing these insurance companies to make these decisions. kathleen sebelius will finally testify on the hill. >> well, we can just take the white house at its word. >> thank you. >> i'm using that tone, because clearly what they said is not true. and no one is coming out, where is president obama? let's hear it. let's have the explanation. were you misled. were you mistaken? what, instead we have carney not to believe our lying eyes and

lying ears. instead, the white house predicted this back in 2010. they said more than 10 million would lose their plan because so many plans didn't meet the federal guidelines of obama care. but during the time, the president promised repeatedly the plans would be grandfathered. you heard ed say it. he said if you have a plan right now and obama care passes you will have a grandfathered plan. you will be able to keep your package. that is not true. well, grandfathering didn't work out at all because members of his administration saw to it. now some members of congress today put tough questions to one of the top obama care administrators on this whole thing. watch it. >> i am aware that there are issuers in states who are cancelling their old plans for grandfathered in and moving to new plans. >> so what you just said about keeping your health care plan is not true? >> no, they could keep it. the issuers --

>> no, they can't keep it. they just got cancellation notices, you can't keep it. the president says you can't keep it. why are you saying you can? i don't understand. >> all right, time has expired. >> joining me notice, the chief legal counsel of the american center for law and justice. i don't want to do broad rhetoric, walk us through it. what did they do? it started with the health and services regulation. kathleen sebelius tightens the noose back in the summer of 2010 right after they passed the law. what did she do? >> all right, so this is the hhs regulati regulations. and in it she re-defines the term "grandfather," with six provisions that eliminates the grandfather policy. there are six ways it could get voided. simple ways such as increasing the deductible, a co-pay, a

coverage switch, mergers and acquisitions. so they void the grandfather clause on 70% that would be grandfathered. hhs recognized through their own regulatory process that that in fact would be gone. they issued a statement in july, called an internal revenue bulletin. that bulletin says exactly the same thing, determines that grandfathering it will now be very limited. and the reason the individuals are getting those cancellation notices, the white house is going to try to lay this at the foot of the insurance company, these plans don't qualify under obama care's minimum standards. therefore, they're being cancelled. and you brought a very important question right at the beginning of the broadcast. what happens come the time the policies are gone and the individuals can't get onto the "obama care plan." while you have so many people qualify for medicaid and medicare, because there are requirements for that. the reality is, the regulatory

regime put in place by the obama administration. and the parent president, what is he going to say -- he didn't know this, too? the time has come for a reality check. it is not simply computer glitches. it is a regulatory scheme that is penalizing the american people. this is a very, very damaging statement contained in the president's own administration guidelines, and i don't know how they explain their way out of it, megyn. >> so they said don't worry, we know some of these plans won't meet the requirements, not to worry, they will be grandfathered. but kathleen sebelius comes out and says they wouldn't be grandfathered if they are changed in any way, if you change the period, then the grandfathering is out. forget about it. and that basically forced these insurers -- nobody had a grandfathered plan. 70% of the people on the individual market no longer have

the grandfathered plan. all of these people are getting cancelled totday. that is why it is happening, correct? >> that is exactly correct, i'm sure the president will deny knowledge, as jay carney said, it was in context, here is the context, the hhs and the irs in the regulatory process, abandoned the policy to keep the doctor you like, the plan you like, and instead, they're forcing everybody onto obama care. and when that fails, megyn, watch out. it will be single player, which is the plan all along. that is another reason we're not getting real numbers on who enrolled in this program. >> and now they come out, they say it is the insurance company's fault. it is their fault because you made them. >> they're trying to figure out how they're going to comply with this. >> you just heard jay. an estimated 2 million americans recently received notices that their plans are being cancelled. it is expected to go well beyond

that. so with all the website problems, there is another report out tonight that yet another freeze is taking place. could they fall into a coverage gap. that questions came up this morning. >> can you guarantee no american will experience a gap in their health care? >> so what i can guarantee is that we have a system that is working. we're going to improve the speed of that system. >> excuse me. >> yes. >> you are saying the system is working? >> i'm saying it is working, just not at the speed and the success we want, those are the things we're working on. >> i mean, so you literally may have people who get kicked off of their plans, thanks to obama care, which was supposed to insure more people, right, they get kicked off? >> right. >> and then they have no choice but to go onto these exchanges to try to replace their coverage, and yet they can't get on the website. and maybe they don't like the plans. i don't know. and then what happens on january

first? >> we had to destroy your health coverage in order to save it. and this is the bizarre reality, the through the looking glass moment for america right now. we find out even as we speak, the website is down, crashed again. that is not good. if you just got a notice in the mail today from your insurance company that says you're dropped. and if you have a family and you have people and you have medical bills and you are living paycheck to paycheck like so many millions of middle class americans are, imagine the panic that would greet a system log-in, it is broken. or the data that makes it through to the other side is corrupted and we can't even use that. what a panic. >> and they don't know what they're going to get when it is all said and done. they don't know if they get to keep their doctor. what about people on chemotherapy, people who have children who are getting ongoing care from physicians and hospitals. they don't know if they can still go to the hospitals and

have doctors. all they know is they have been cancelled contrary to an explicit promise, and now when they go to get coverage, they can't even get on the darn website. >> how about this, we don't even know about the americans losing or have exchange programs through their employers. because they don't come out through the numbers like these droppings do. how many more people will be there shaking at the gates of the website, of this portal, please let me in, i need coverage. this must have sounded a lot better when democrats were doing it in 2009. we're going to blow up the system, push people into the new obama care experience. i bet they didn't imagine that kathleen sebelius would be talking about what she will be talking about tomorrow. >> the answer is they will get on the exchange, better coverage, she told me people paying on their own, doing the hard work, paying on their own, get those policies cancelled they get a bunch of benefits didn't want and in many cases

didn't need. now the federal taxpayers need to subsidize their plan that they were paying on their own happily before. quick last word. >> that is the reality. and guess what? kathleen sebelius tomorrow is going to do everything she can not to answer that question. >> we'll have full coverage of her testimony this time tomorrow. we hope you will join us. chris, thank you. >> you bet. >> so are insurance companies the individuvillain? should they have foreseen this, that is next, plus, what did the president know regarding the promise that he made to americans over and over again, was not true. former white house chief of staff, andy card, next. ladies and gentlemen, the president of the united states of america. barack obama.

barack obama. when we made our commitment to the gulf, bp had two big goals: help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do.

we've added cutting-edge technology, like a new deepwater well cap anwatch over all drilling moactivity twenty-four-seven.s and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. [ engine revs, tires squeal ] [ male announcer ] since we began, mercedes-benz has pioneered many breakthroughs. ♪ breakthroughs in design... breakthroughs in safety... in engineering... and technology. and now our latest creation breaks one more barrier. introducing the cla. starting at $29,900. ♪

. breaking news, we have just confirmed that the federal health care website is down. again. the now familiar message says this system is down at the moment. our reporters say that 1-800 line is working, oh, joy. but the bigger issue is this, given that the obama

administration knew in 2010 that millions of americans would lose their plans and doctors, why was the president repeatedly saying the exact opposite, with no qualifications? andy, it is great to have you here, i know you say one of the biggest jobs of the chief of staff is to determine what the president gets to know and doesn't get to know. so what do you think? did he know or did he not know? >> i can't believe he doesn't know. that doesn't mean he may not have known the first time he said it. but the words the president speaks at the white house, everybody knows is very, very important. so the process, the written speech is reviewed by a whole team of people at the white house, and from a whole cabinet that would have been involved in the policy. so this major speech would have been reviewed by the staff at the white house, a very senior job to make sure that the

president knows what he is talking about. >> would you have let president bush go out there and say repeatedly, knowing that could be millions of people that could lose their plan, you can keep your plan, period, over and over? >> no, i would not have allowed the president to do it. at least i would have counseled him against it. and if he did do it, even if it was a mistake, i would have been sure that the press secretary knew there was a caveat that the president knew that we have to talk about it. it is very important that the president's words really speak to the reality of situation. this was repeatedly done over and over again. so i can't believe that the president had not been informed. or at least the staff, the white house staff counsel, they should have been told by somebody, at least by hhs, mr. president, you really can't make that promise because there will be some

exceptions, and they didn't do it. >> what do they do now? they're sending out tweets basically telling us not to believe our lying eyes. and today, it was a full-on press corp at the white house press briefing. >> well, i wish the president and his staff would come forward and say look, there are a lot of problems with the implementation of obama care, the affordable care act. and we'll put things on hold and try to fix the problems. and we also want to try to understand your angst, american people and we want to address those angsts with a process, there were a lot of complications, when clearly nobody really understood what was going on. >> how can they do it? they can't mitigate it. the law is the law. now the insurance companies already cancelled two million people. they moved on. they had to fix their businesses based on how the law is, as it exists. it doesn't steeem fixable.

>> i guarantee you, they could have put it on hold. if the president said it is happening too fast, we don't know what is happening in terms of the implementation of the law, and the implementation through the actual process is not going as i envisioned. let's slow down and try to fix it and do it right. >> quickly, before i let you go, what do you think is happening inside the white house right now? >> well, i hope they're second-guessing their strategies, allowing a misrepresentation to be so solidly repeated over and over again. and that, i think is a flaw. that doesn't speak well of this president and doesn't speak well of a white house that would allow him to say something that a lot of people knew was not accurate. so i think there is a credibility problem inside the white house now. and i hope they will step back and put the american people first, and say let's do this right, rather than do it fast. >> andy card, thank you. we have a number of people

paying for insurance, and what this means for the taxpayers. and as the president sees and as the president sees his signature you make a great team. it's been that way since e day you met. but your erectile dysfunction - itld be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you cabe more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immedte medical hel for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives,

swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial.

for viewers that 67,000 have enrolled in private exchanges so far at state level. 286,000 enrolled in medicaid. first group supposed to fund the second group. the ratio not looking good so far. what does it mean? >> it could be catastrophic if this continues. it's something that could be catastrophic. the premise is based on healthy people buying into it. in theory, people enrolling in medicaid are a different program than those in exchanges but if you have more people enrolling in medicaid in terms of the broader uninsured population that increases numbers of people in medicaid. those people going to be in the high risk. right. >> right. >> for them, but not -- . >> all right. so this is a huge concern.

>> this is part of obama care's vision to get more people under medicaid rolls. these are people who are uninsured and they show up in emergency rooms and we wind up paying for them any twhai. was part of the strigs. we'd know how many they and are it would be funded through the system. since funding isn't necessarily coming out, there is a reason they won't tell us who is going to pay, what will happen? what is going to pay for the new medicaid enrollees? >> the taxpayers. the promise of expanding this and medicaid is that the federal government is going to pay for it for three years. a worry states had is what about people are not newly eligible? are the states going to have to pay for that? that is a gray area that has been a concernment but if you do not have, have you to have someone paying for these

things there is no way anyone is getting free insurance. when you're expanding it like this and not having healthy people enrolling in other exchanges to compensate for that, that is going to cause problems and it's not sustai sustainable or possible for insurance companies to bear the burden. >> medicaid is a state program. feds saying state, state, come into obama care, help us. we'll pay 100% of those medicaid expansion costs for first couple years then decline into 90%. and every state head up by a republican governor said no thanks and states headed up by democrats said okay. the federal fax payer is going to be on the hook. they don't get numbers they want they'll, states expanding rolls their taxpayers are going to be responsible.

>> 26 states said yes. the reason behind some republicans saying no. it's because they said what happens if someone of the people don't fall into your category of the newly eligible people? what if they heard about this and said i'm eligible? who is going to have to pay for that? it's going to be a problem for states. >> well, they refuse to release numbers. they were asked to tell whaus numbers are. no. it's a group decision not to release until mid-november. we just don't get to know. thank you. >> thank you. >> what does the white house do next? brit human has thoughts on that. and what is next for folks kicked off the their panel? we'll have a panel debate it, next. >> it's the law forcing insurance companies to make these changes so is it that

law by reading to these cancellation notices? ♪

at any minute... ...you could be a victim of fraud. most people don't even know it. fraud could mean lower credit scores... ...and higher interest rates when you apply for a credit card. it's a problem waiting to happen. check your credit score, check your credit report, at experian.com. america's number one provider of online credit reports and scores. don't take chances. go to experian.com.

retroactive, retroact more on the breaking story tonight that an estimated 2 million americans have already lost their existing health care coverage. that, despite the president's repeated promises that if you like your health care plan you can keep it. period. ian and sarah hodge are from lancaster, pennsylvania, two people who have lost their coverage already. welcome, thank you for joining us, let me start with you, did you recognize your insurance policy was going to get cancelled under obama care? >> no, we had no idea it would be cancelled until we got the letter from high mart. >> so when you followed the debate and you heard the president saying that, as we all

did, did you believe him? >> yes, in fact, our biggest concern when we got the letter is we felt betrayed. that was the emotion we felt the most, we felt betrayed. that was what what was said by the administration andesident h >> so you get the letter, ian and sarah, this is your insurance company which you say you liked, your policy is cancelled? >> policy is cancelled as of january 1st, 2014. >> and what did you did then? did you try to go on the exchange when october came? >> yes, we tried -- i tried to go on the exchange on october 1st, the first day, unable to sign in. tried about ten times on that day. periodically went back to try to sign in, i never was really successful in signing in until just recently, and when i was able to sign in i clicked on the plans and i got a blank page.

so the only way i was able to see any type of insurance coverage was this last week, when the healthcare.gov website allowed you to look at the policies without signing in. >> and i know you said the policies were a lot higher. looks like you may be paying 50% more. sarah, i want to ask you, looking at the website, are you worried you may have a health care lapse, you don't have insurance when the healthcare.gov comes through? >> well, that is a very real fear of ours, but we're trying our best to keep after it and cover all of our -- you know, points and try to find something before then. >> you know, ian, the administration came out, the white house came out today and said look, it is only 5% of americans this is happening to. your thoughts?

>> i -- my thoughts are that you know, the administration, the president said clearly that if you like your health care, you will be able to keep your health care. if you like your doctor, you will be able to keep your doctor. if you like your hospital, you will be able to keep your hospital. in our case, that is not true. we can't keep our health care, we're not sure if we can keep our doctors, and we're not sure if we can keep our hospital. >> and so if you could say something to the administration on this tonight, what would it be? >> it would be, i would say that we would like to be able to keep the health care we had, mr. president. and if you could change the law to allow that, that would be a positive for us. >> good luck to you, sir, you too, as well, sarah. thank you both so much for being here. >> thank you, megyn. millions left in limbo, not sure what they're going to wind up with for coverage, or if they have coverage at all. they're saying don't look at me,

it is not our fault, it is the insurance company's fault. joining me, a veteran of two presidential campaigns, democratic analyst, welcome to you both. simon, let me start with you. i mean, now, you are a defender of the administration. let me get your thoughts on this. >> well, there is clearly a lot of work to be done on obama care. i mean, the implementation has been a little bit rocky. there are some things that have gone right. i think the biggest fault i would place and the things you're covering tonight is that this has been such a surprise. you know, the truth is, the individual market as you discussed earlier, has been a rocky place for a long time. the average person in the individual market keeps their insurance three years before it is turned over. so this should not be a big surprise, it should have been anticipated as we move to another system that covers not just the only ones you're are talking about, but another 40 million adults that don't have

insurance at all. >> but kate, that assumes everything is true that they talk about, that the insurance policies turn over. they could lose their coverage, they can't re-up with their insurance company as they have been doing for years. and they're now going to be put on the government insurance where they could get increased premiums. >> the fact is this is not a surprise. this is a regulation that many members of congress are well aware of. this was a regulation that the tea party specifically went out and warned people about, which is why we saw people coming out in droves, protesting this obama care. they said look, in this huge 2,000 page law you're going to lose your health insurance if you're on the individual market. and here we are, after president obama said not once, but two dozen times at least saying they

could keep their health insurance and their doctor. and now it comes as a big surprise that people are losing their insurance. another big promise that was broken was this was supposed to get more people insured. we're seeing the exact opposite as more people are losing their insurance than getting their insurance on the obama care exchanges. >> they're saying the insurance companies are doing this. it is not obama care. that is not exactly true. of course the insurance company has to cancel the policy, the administration can't do that. but the reason they're cancelling the policy is because of obama care. >> well, it is technically true, but i don't think the couple you just had on the air would sort of live with that technicality. but what we're discovering, it is true what the president said, most people will see no changes. >> i concede that point, but that is not what he said. >> i'm not going to defend that.

let's let the white house do that. they're pretty good at that. the key thing here, because it is also true, the way the exchanges work if they do work, and that is a big question about the gap you mentioned tonight. the administration has to get on it right away. you know there are 55 million working americans in this eligible individual market, people who work who have not such good insurance or no insurance at all. there are far more people watching the show tonight who are in the situation of these two unfortunate folks that don't have health insurance at all. the key thing is, they will get health insurance in the market. that is still correct, you are still -- >> but when there is such an express and repeated promise after the fact. i mean, kate, i don't want to concede that most people are going to get coverage, i take that back. i don't know what is going to happen now. i do want to say this, kate, when you have this express promise, people -- hodge was not

looking up the hhs regulations and then the irs interpretations of them and following the news reports. he wasn't do that. he did, however, listen to president obama saying, and this is what he said, i guarantee, i guarantee. okay. and don't believe me, let's play it. let's just play the guarantee. >> here is a guarantee that i've made. if you have insurance that you like, then you will be able to keep that insurance. if you have a doctor that you like. >> and he goes on, a guarantee, kate. >> absolutely guaranteed. and i think that ed henry had one of the best questions today in the white house press briefing with jay carney when he asked specifically do the president's words matter in this situation? and up to this point, they have not mattered. we've gone from president obama saying you can keep your insurance, keep your doctor, end of story. and then david axelrod saying

the majority of people will keep their plan. to jay carney saying well, we're only talking about 5% of people losing their insurance. we're switching the story of the guarantee. that brings up the question, if i can't keep my insure now, what words will the president say in the future. will it cost less? will i get a better plan? those things can't be relied on. >> and we've seen the employer mandate plan, whether they keep people on the roles or the exchange, if they choose to so they avoid paying the penalty. . the website is down tonight. it is taking serious fire about the president's promises. what does this mean for mr. obama? brit hume is next. weekdays are for rising to the challenge.

they're the days to take care of business. when possibilities become reality. with centurylink as your trusted partner, our visionary cloud infrastructure and global broadband network free you to focus on what matters. with custom communications solutions and responsive, dedicated support, we constantly evolve to meet your needs. every day of the week. centurylink® your link to what's next. sales event is back. which means it's never been easier to get a new passat, awarded j.d. power's most appealing midsize car,

two years in a row. and right now you can drive one home for practically just your signature. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends october 31st. for details, visit vwdealer.com today. wow...look at you. i've always tried to give it my best shot. these days i'm living with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. at first, i took warfarin, but i wondered, "could i up my game?" my doctor told me about eliquis. and three important reasons to take eliquis instead. one, in a clinical trial, eliquis was proven to reduce the risk of stroke better than warfarin. two, eliquis had less major bleeding than warfarin. and three... unlike warfarin, there's no routine blood testing. [ male announcer ] don't stop taking eliquis

unless your doctor tells you to, as stopping increases your risk of having a stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis ifyou have an artificial heart valve abnormal bleing. while taking eliquis, yomay bruise more easily and it m take longer than usual for any bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. i've got three important reasons to up my game with eliquis. [ male announcer ] ask your doctor today if eliquis is right for you. you know, from car insurance companies shouting, "save 500 bucks over here!" "no, save 300 bucks over here!"

"wait, save 400 bucks right here." with so many places offering so much buck-saving, where do you start? well, esurance was born online, raised by technology, and majors in efficiency. so they're actually built to save you money... and time... and whiplash. esurance. insurance for the modern world. now backed by allstate. click or call. do the president's words matter -- >> well, again, all i ask of fox and everybody else is to provide the context -- >> he didn't provide that context back then. >> there has been essentially five years of debate about this. >> the problem now? the five years of debate involved promises that turn out not to be true. brit hume is our fox news senior political analyst. and that is just a fact, that that guarantee, in his words, that you will keep your plan, period, was not true.

now, we don't know whether they knew at the time or he didn't know at the time. but the question is, brit, do words matter? do they matter here? >> well, of course, they do. and this valley of the shadow of the debt for which the health care plan and the president are now traveling looks like they're going to continue for a while. it is not good either way, if you look at it. if you look at it like he didn't know, there is a list of people as long as your arm that knew, so if he didn't know, that looks terrible. if he did know, and there is suspicion increasing in this town that he did know. and that looks worse, so either way you slice it, it looks ugly. >> even if he didn't know before the obama care was passed, you're telling me months and months after -- is there any chance that kathleen sebelius and the irs and regulations, they can seeing that all of these policies are about to be cancelled, and he still doesn't

know? he is out there in 2012 making the same guarantee? >> no, i'm not telling you megyn, because i don't buy it. i also would tell you this. go back to 2009 when this explicit promise was made. passing this thing was a near thing, i mean, literally, there was not a vote to spare. there were all sorts of parades of horribles about all the things that were bad, republicans in particular, all the things that would be negative. the administration was eager to try to deny as many of those things as possible, and continuing their health care was one of those things, you can see the attempt to fudge this thing was there. now we're in a situation, not only did he do it then but he kept doing it right through the 2012 campaign as you demonstrated on this broadcast tonight. and it seems megyn, every hour, another quote from the president turns up, post-passage, closer and closer to now in which he

repeated the words, doesn't look like it is going to get any better soon. >> it is on white house.gov right now. the people who passed this law, who all voted for it, despite the fact that most of them didn't even read it. >> of course it affects them, that is why you see many of them calling for a delay in the implementation of the mandate. that is why many are beginning to jump ship on this. it will affect the president, unquestionably going into next year. what the administration has to hope for is that they can somehow ride this out. and that the website finally gets up and running. people begin to obtain policies on the website and are satisfied with them and they get a subsidy or whatever, or they find a price to be acceptable, or whatever. and that that process takes hold. and is carried out in sufficient numbers, that it begins to overwhelm the negative stories that have to do with people losing their care and not being able to log onto the website.

that has to be the administration's hope. but the key point to that, megyn, it doesn't look like it is going to provide any immediate relief. >> well, will it or won't it? because it doesn't look like they're giving numbers as to how many people signed up. and in the meantime, people are getting cancellation notices. they have to go on the website and try to find an alternative. the administration knows, the numbers stink now. if we can just hold out that the insurance companies are cancelling these people, oh boy, the numbers will start to explode. >> well, that is only true if people get on the exchanges and find a policy that they can afford and that they find desirable. if people get on the website and find sticker shock, as happened in some cases already, they find the policy is unaffordable and a terrible burden to them, that will make the situation worse,

not better. >> yes, and it doesn't change the fact that the promise, the guarantee, was not true. and there is a question about credibility. we saw it before on benghazi, the irs, the spying, one wonders whether at some point he is held accountable for statements that seem untrue. i'll give you a quick last word. >> well, the last word on that, megyn would be remember now, we're beginning to see mainstream media outlets like mad. stories are breaking on nbc news, mainstream outlets that were not involved in digging into obama care. that is a sign something has changed. we may have reached a critical mass on this man's credibility where it is being doubted in quarters, where it was not before. and if that proves to hold true, that is damaging for the administration. thank you, brit. and hundreds of coal miners marching to washington to keep their jobs. plus, this is on hannity.

continued to have record low approval ratings. >> just wait. >> just wait. this is [ ship horn blows ] no, no, no! stop! humans. one day we're coming up with the theory of relativity, the next... not so much. but that's okay. you're covered with great ideas like optional better car replacement from liberty mutual insurance. total your car, and we give you the money to buy one a model year newer. at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? out for drinks, eats. i have very well fitting dentures. i like to eat a lot of fruits. love them all. the seal i get with the super poligrip free keeps the seeds from getting up underneath. even well-fitting dentures let in food particles. super poligrip is zinc free. with just a few dabs, it's clinically proven to seal out more food particles so you're more comfortable and confident while you eat. a lot of things going on in my life

and the last thing i want to be thinking about is my dentures. [ charlie ] try zinc free super poligrip.

an update now on the story we brought you last night, as bus loads of coal miners go to washington, d.c. today, our producers were there on the ground as they protested the administration's alleged "war on coal." trace gallagher has more. >> megyn, they came to washington because they believe their jobs are in jeopardy and the obama administration is hurting their jobs. they believe that building new plants would be almost impossible because the new plants would have to cut their

carbon emissions nearly in half. some that many argue is not technically possible. they are pushing for a more draconian approach. >> you need to keep people working, america needs it. >> in our area, coal mine is one of the few things that you have that you can support your family with, so i don't know what we'll be doing. >> critics say the coal industry should have seen this coming. massachusetts senator ed markey said, coal mining companies and coal burning utility companies managed to put themselves in these situations, may just provide the impetus to get themselves out. but it is important to note that coal provides 80% of the electricity, 20 plants in 19 states announced they will shut down in coming years, costing

thousands of more jobs, listen. >> there are mines that have shut down, we're seeing people forced out of their homes. forced to move out of their area. and -- it hurts. >> as long as as the coal miners are working, i mean, other businesses and stuff, they're booming because everybody has a job. everybody is making good money. and if that goes away, if the and if that goes away, if the coal mining goes away, it is a huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know that when a tree falls in the forest and no one's around, it does make a sound? ohhh...ohhh...oh boy! i'm falling. everybody look out! ahhhhh...ugh. little help here. geico. fifteen minutes could save you...well, you know. anybody?

help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger.

ooh, house down the street has full-sized candy bars. adding it to our route. glad i decided to trade in our old phones. seriously, even the dog... wait, guys, we gotta stay away from 32 elm street. he's a dentist. he's giving out floss! weirdo. gettinnew treats. that's powerful.verizon. trade in your old phone towards a new one, like the samsung galaxy note 3 on america's most reliable network.

and his new boss told him twthings -- cook what you love, and save your money. joe doesn't know it yet, but he'll work his way up from busser to waiter to che before opening a restaurant specializing in fish and game from the great northwest. he'll art investing early, he'll find some good people to help guide hi and he'll semoney aside from his first day of work to his last, which isn't rocket science. it's just common sense. from td ameritrade.

so we're taking your thoughts on that question, do words matter? us on twitter @megynkelly, at our twitter page. this is "the kelly file." good night. welcome to "hannity," there is nowhere else to run. the administration is finally being forced to answer tough questions about the disastrous obama care rollout. tonight, we're going to be joined by a very outspoken studio audience, and they will ask about the explosive testimony on capitol hill and much more. >> let the grilling begin. >> i want to apologize to you that the website has not worked as well as it should. >> the officials responsible for the disastrous obama care rollout face the music on capitol hill. >> you're saying the system right now is working? >>